Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---- ----S.10---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by the Supreme Court to consider as to whether the shops in question were constructed and owned by an evacuee and as such were evacuee properties. (b) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S.2(2)---Constitution of Pakistan (1973), Art.185---Appeal to Supreme Court---Concurrent findings of fact recorded by Notified Officer and the High Court were that the shops in dispute were non­ evacuee property and were constructed on the land owned by a Muslim which was leased to the evacuee for 20 years who constructed the shops thereon and the said lease expired in 1952---Contention that the land in question was purchased through registered sale-deed by the evacuee and shops were constructed by him on the said land could not be established on record and was merely speculative being without any substance--­Supreme Court declined interference with the concurrent findings of fact recorded by the Notified Officer and that of the High Court---Such findings could only be interfered with if the same were found illegal, contrary to the record or where gross miscarriage of justice had occurred due to non-reading or non-appraisal of evidence. JUDGMENT ABDUL HAMEED DOGAR, J. ---This appeal, by leave of the Court, arises out of the impugned judgment, dated 13-2-1996 passed by learned Single Judge of the Lahore High Court, Lahore, whereby Writ Petition No.60-R of 1995 filed by the appellant was dismissed. 2. Leave to appeal was granted on 23-2-1997 to consider whether the shops bearing Nos.B-682, B-683 and B-684 were constructed and owned by Chander Parkash evacuee and as such were evacuee properties. 3. Briefly, stated the facts leading to the filing of instant appeal are that property in dispute comprising Shops Nos.B/682, B-683 and B-684 was transferred to the appellant on 15-2-1986 and T.O. was issued on 27-3-1986 being an evacuee property. It was originally owned by one Muhammad Boota who had sold the land measuring 2 Kanals to one Chander Parkash vide registered sale-deed,…

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